Section 44 — ARMED FORCES ACT 1972

(1)

Every person subject to service law under this Act who while on guard duty—

(a)

sleeps at his post;

(b)

when not on duty at a post, is asleep at a time when he is not allowed to be asleep;

(c)

is drunk; or

(d)

leaves his post without having been regularly relieved or otherwise absents himself from any place where it is his duty to be, shall be guilty of an offence against this section.

(2)

For the purposes of this section a person shall be treated as being drunk if owing to the influence of alcohol or any drug, whether

52 Laws of Malaysia ACT 77

alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.

(3)

Every person subject to service law under this Act who strikes or otherwise uses force against any person on guard duty, being a member of any of His Majesty’s armed forces or of any forces cooperating therewith, or by the threat of force compels any such person to let him or any other person pass, shall be guilty of an offence against this section.

(4)

Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:

Provided that if the offence was not committed on active service he shall not be liable to be imprisoned for more than two years.

(5)

References in this section to a person on guard duty are references to a person who—

(a)

is posted or ordered to patrol; or

(b)

is a member of a guard or other party mounted or ordered to patrol, for the purpose of protecting any person, premises or place.

(6)

The foregoing provisions shall apply in relation to persons posted or ordered to patrol, or members of a party mounted or ordered to patrol, for the purposes of preventing or controlling access to or egress from any premises or place, or of regulating traffic by road, by rail or any inland navigation, as they apply to persons on guard duty.

Offences relating to supplies